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Show I 8A Sun Advocate, Price, Utah Wednesday, August 17. 1983 NOTICE OF TRUSTEES SALE The followin The described property wil be sold at public auction to the highest bidder, payable inlawful money of the United States at the time of sale, at the main door of the County Courthouse in Price, County of Carbon, Utah, on the 20th of Sep- Council NOTICE OF TRUSTEES SALE The following described property will be sold at public auction to the highest bidder on the 26th day of August, 1983, 1:00 p.m., at the front entrance of the County Courthouse at Price, Utah, in the County of Carbon, by KAY M. LEWIS, Trustee, and FINANCIAL SERVICES, as Beneficiary, under the Deed of Trust made by D. EDWARD SPRUELL and VICKI L. SPRUELL, his wife, NOTICE TO CREDITORS TRAN-SAMERIC- A as Trustors, and recorded May 19, 1981, as Entry No. 158220 in Book 206 at Page 773 of the official records of Carbon County, Utah, given to secure an indebtedness in favor of said beneficiary by reason of certain secured obligations thereby. Notice of Default was recorded April 8, 1983, as Entry No. 167901 in Book 227 at Page 40 of said official records. Trustee will sell at to the Eublic auction in bidder cash, payable in lawful money of the United States at the time of sale, without warranty as to title, possession or cumbrances, en- the described following property located at 488 South 1st East, Price, Utah: All of Lot 20, Block 2 of the Montrose Addition to the City of Price, according to the official plat thereof, recorded in the office of the County Recorder of said County. for the purpose of paying obligations secured by said Deed of Trust, including fees, charges and expenses of Trustee, advances, if any, under the terms of said Deed of Trust, interest thereon, and the unpaid principal of the note secured by said Deed of Trust with interest thereon as in said note and by law provided. DATED this 13th day of July, 1983. M. Lewis, Trustee 320 South 300 East, Suite 1 Salt Lake City, Utah 84111 Published in the Sun Advocate August 3, 10 and 17, 1983. Probate No. 4531 THE SEVENTH JUDICIAL DISTRICT COURT OF CARBON COUNTY STATE OF UTAH trustors, Commercial Security PETRIE, Bank, covering real Deceased All SR., having persons claims against the are above estate particularly described required to present as: them to the undersigned All of Lot The Coves, Plat A, .according to the official plat thereof, appearing in the records of the NOTICE Carbon County School District today announced its policy for free and reduced price meals for children unable to pay the full price of meals served under the National School Lunch, or Commodity School Programs. Each school and the office of the Carbon County School District has a copy of the policy, which may be reviewed by any interested party. The attached household size and income criteria will be used for determining eligibility. Children from families whose income is at or below the levels shown are eligible for free or reduced price meals. Application forms are being sent to all homes with a letter to parents or guardians. To apply for free or reduced price meals, households should fill out the application and return it to the school. Additional copies are available at the principals office in each school. The information provided on the application will be used at any time during the school year by school or other program officials. For the school officials to determine eligibility, the household must provide the following information listed on the application: Names of all household members: Social Security numbers of all adult household members or a statement that the household member does not possess one: certifying that the information provided is correct. Households are required to report increases in household income of over $50 per month or $600 per year and decreases in household size. Applications may be submitted at any time during the year. Under the provisions of the free and reduced price policy, the Principal will review applications and determine eligibility. If a parent or guardian is dissatisfied with the ruling of the official, he may wish to discuss the decision with the determining official on an informal basis. If the parent wishes to make a formal appeal, he may make a request either orally or in writing to Dr. Ell B. Sorenson, Superintendent, Drawer B, Price, Utah 84501 for a hearing to appeal the decision. The policy contains an outline of the hearing procedure. If a household member becomes unemployed or if the household size changes, the family should contact the school. Such changes may make the children of the household eligible for reduced price meals, or for additional benefits such as free meals if the family income falls at or below the levels shown above. In certain cases, foster children are also eligible for these benefits. If a household has foster children living with them and wishes to apply for such meals for them, the household should contact the school for more information. The information provided by the household is confidential and will be used only for purposes of determining eligibility and verifying data. In the operation of child feeding programs administered by the U.S. Department of Agriculture, no child will be discriminated against because of race, color, sex, national origin, age, or handicap. If any member of a household believes they have been discriminated against, they should write immediately to the Secretary of Agriculture, Washington, D.C. 20250. Published in the Sun Advocate August 17, 1983. of the first publication of this Notice or be forever date barred. Romero 890 North 100 East Price, UT 84501 Luke G. KlALS ELIGIBILITY 6CALE PC It tllHICLD PH ICC P.SALS Oliveto 4, Building 23 South Carbon Avenue Price, Utah 84501 Published in the Sun Advocate August 3, 10 and 17, 1983. AMENDED NOTICE TRUSTEES SALE OF The following described property will be sold by Professional Title Services, Trustee, at public auction to the highest bidder, payable in lawful money of the United States at the time of sale. The sale will be held at the front entrance of the Carbon County Court House in Price, Carbon County, Utah, on August 29, 1983 at 9:30 a.m. for the purpose of foreclosing two Deeds of Trust executed by BRENT OLSEN and BARBARA OLSEN, as trustors, in favor of Soule Steel Company, and recorded the in of Office Carbon the County Recorder on November 27, 1981 and January 18, 1982, in Book 212, Page 767, and Book 214, Page 56, respectively, covering real property located at 983 North 100 East in Price, Carbon County, Utah, and more particularly described as follows: All of Lot Block 9, Park Crest Cove No. 1, Amendment No. 1. Dated this 1st day of August, 1983. 3-- Jensen Attorney at Law 190 North Carbon Avenue Price, Utah 84501 Telephone No. Published in the Sun Advocate August 3, 10 and 17, 1983. NOTICE TO BIDDERS The Board of Education of the Carbon County School District will accept sealed bids at a regular meeting to be held August 19, 1983 at 5:00 p.m. at Sally Mauro Elementary School, Helper, Utah, for the following: A x 28 three 42 two bath home located at Price, Utah, constructed by the Carbon High School carpentry class. Ine home will be sold as is, and can be inspected at any time by contacting the principal of Carbon High School in Price. Bids are to be in the hands of the Clerk of the Board by 4:00 p.m. on August 19, 1983. A check in the amount bedroom, of FUCK Pappas Attorney for Personal Representative Suite $1,000 must ac- company the bidders offer. Deposits will be returned immediately to the unsuccessful bidders. Minimum acceptable bid will be $28,000. The successful bidder will be required to have the home removed from the school premises within 60 days. The Board reserves the right to accept or reject any or all bids or any part thereof. William A. Jewkes ClerkTreasurer Carbon County School District Published in the Sun Advocate August 17, 1983. (FONSI-NOIRRO- F) August 17, 1983 can- -P. GUIDELINES FOR DETERMINING ELIGIBILITY FOR FREE AND REDUCED PRICE MEALS JULY 1, 1983 - JUNE 30, 1984 eligibility scale ftr been celled. The Price City Council will meet in OF NOTICE regular sessions on PUBLIC HEARING September 7 and September 28, 1983. Persons Helper City will desiring to be placed on conduct two (2) public the agenda tor these hearings for the purpose meetings should contact of receiving public input the Price City Recorder on a proposed apby 12:00 p.m. noon on to the the Mondays prior to plication of Department Housing these meetings. and Urban DevelopHampton ment, HUD, for the McArthur Urban Development City Recorder Action Grant (UDAG). Published in the Sun If the application is Advocate August 17, 24 submitted and the grant and 31, 1983. is awarded funds so derived will be used by NOTICE TO the city as loan funds for CREDITORS the development of a Probate No. 4521 grocery store. citizens Interested are invited to discuss the In the Matter of the Estate of ERLINDA proposed application ROMERO, Deceased. and development All persons having project. Hearings will claims against the be held at the Helper above Estate are City Hall on August 25, required to present 1983 at 10:00 a.m. and to the unthat evening at 7:30 them dersigned, who has been p.m. Personal appointed Lucy Richeda Representative, herein, City Recorder or to the Clerk of the Published in the Sun Court on or before three Advocate August 10, 17 (3) months after the and 24, 1983. or to the Clerk of the Court on or before November 4th, 1983, or said claims shall be forever barred. Norma Petrie Carbon County Recorder in Book 3 of 333 North 100 East Plats, Page 146. Price, Utah 84501 and Attorney for Personal Excepting reserving all coal, oil Representative: and gas deposits and all S.V. Litizzette other minerals in and 30 South Main Street under the above Helper, Utah 84526 described land. Published in the Sun Commercial Advocate August 3, 10, Security Bank 17 and 24, 1983. P.O. Box 9160 Ogden, Utah 84409 ADVERTISEMENT FOR BIDS Published in the Sun Advocate August 17, 24 Sealed BIDS for LOCUST STREET PARK, and 31, 1983. Helper, Utah will be received by Helper City at the office of the City Recorder until 5:00 p.m., M.D.T. on August 25, 1983. Bids will be publicly NOTICE OF BID opened at 7:40 p.m., M.D.T. on August 25 in the of Council Chambers of the Helper City Hall. The Board Education of the Carbon The principal items of work are approximately County School District as follows: will accept sealed bids Furnish and install 30 x 60 pavilion, 50 x 70 for furnishing coal, oil play court, a skating area, a play area, landtreated slack, for the scaping, and lighting. 1983-8- 4 school year at its Drawings, specifications, and other Contract offices at 65 East 400 Documents may be examined at the following North, Price, Utah until locations 4:00 p.m. August 19, ECKHOFF, WATSON & PREATOR 1983. Bids will be ENGINEERING 200 East Main Street Suite B publicly opened and read at the Board Price, Utah WATSON AND PREATOR ECKHOFF, Meeting to be held at ENGINEERING Sally Mauro Elemen1798 South West Temple tary School, Helper, Salt Lake City, Utah Utah at 5:00 p.m., Helper City, in accordance with the provisions August 19, 1983. of Title VI of the Civil Rights Act of 1964 (78 Stat. Coal is to be delivered to Petersen Elemen252) and the Regulations of the Department of tary, East Carbon High Commerce (15 C.F.R. Part 8), issued pursuant to School, and Clear Creek such Act, hereby notifies all bidders that it will Summer Camp. The be awarded to the lowest responsible bidder coal must be furnished without discrimination on the grounds of race, by a mine equipped to color, or national origin. Helper City also notifies render prompt and all bidders that it will affirmatively ensure that efficient services when in any contract entered into pursuant to this coal is needed. advertisement, minority business enterprises The coal furnished will be afforded full opportunity to submit bids in must meet the response to this invitation and will not be specifications set up by discriminated against on the grounds of race, the Board of Education, color, sex, or national origin in consideration for a copy of which can be an award. obtained from the Clerk Copies of the Contract Documents may be of the Board between obtained at the Engineers Office upon a the hours of 8:00 a.m. payment of $35.00 for each set. and 4:00 p.m., Monday Each Proposal shall be accompanied by an through Friday. acceptable form of Proposal Guaranty in an The Board reserves amount equal to at least five (5 ) percent of the the right to reject any or amount of the Proposal as a guaranty that if the all bids or any portion Proposal is accepted, the Bidder will execute the thereof and to waive any Contract within ten (10) days after the award of the Contract. informality in any bid. The Owner reserves the right to reject any or Clerk of the Board all Proposals and to waive any informality or of Education technicality in any Proposal in the interest of the Published in the Sun Owner. Published in the Sun Advocate August 12, 17 Advocate August 10 and and 19, 1983. 17,1983. 7, City Meeting has 1983, In the Matter of the in favor of Estate of JOHN D. property located at 950 North Wadleigh, Price, Utah 84501, and more Price scheduled for Wednesday. September 14, tember, 1983, at 10:00 a.m., of said day, for the IN purpose of foreclosing a trust deed executed by Ron L. Naccarato and L. Sue Naccarato, husband and wife, as COMBINED NOTICE FINDING OF NO SIGNIFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS PUBLIC NOTICE East Carbon East Carbon Phone: City City, Utah 84520 888-66- TO ALL INTERESTED AGENCIES, GROUPS AND PERSONS: On or about Sept. 3, 1983, the above named City will request the Utah Division of Community Development to release funds provided under Title I of the Housing and Community Development Act of 1974, as amended (PL for the following project: East Carbon City Fire Station and Maintenance Sheds House fire trucks and city equipment plus maintenance facilities East Carbon City, Carbon, Utah 3) 9902 Finding of No Significant Impact It has been determined that such request for release of funds will not constitute an action significantly affecting the quality of the human environment and accordingly the above named City has decided not to prepare an Environmental Impact Statement under the National Environmental Policy Act of 1969 (PL The reasons for such decision not to prepare such Statement are as follows: No negative cultural, environmental, economical impact upon the City or its residents. Review Record An Environmental documenting review of all project activities in respect to impacts on the environment has been made by the above-name- d City. This Environmental Review Record is on file at the above address and is available for public examination and copying upon request between the hours of 9:00 a.m. and 5:00 p.m. No further environmental review of such project is proposed to be conducted prior to the request for release of CDBG project funds. Public Comments on Findings All interested agencies, groups and persons disagreeing with this decision are invited to submit written comments for consideration by the City to the East Carbon City Hall on or before September 2, 1983. All such comments so received will be considered and the City will not request release of funds or take any administrative action on the project prior to the date specified in the preceding sentence. Release of Funds East Carbon City will undertake the project described above with CDBG funds provided by the Utah Division of Community Development (DCD) under Title I of the Housing and Community Development Act of 1974, as amended. East Carbon City is certifying to DCD that East Carbon City and Dale Andrews, in his official capacity as Mayor consent to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decisionmaking, and action; and that these responsibilities have been satisfied. The legal effect of the certification is that upon its approval, East Carbon City may use the CDBG funds and DCD will have satisfied its responsibilities under the National Environmental Policy Act of 1969. Objections to State Release of Funds DCD will accept an objection to its approval only if it is on one of the following bases: (a) that the certification was not in fact executed by the certifying officer or other officer of applicant approved DCD or (b) that the applicants environmental review record for the project indicates omission of a required decision, finding, or step applicable to the project in the environmental review process. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and may be addressed to: CDBG Program, Division of Community Development, 6233 State Office Building, Salt Lake City, Utah 84114. Objections to the release of funds on bases other than those stated above will not be considered by the Division of Community Development. No objection received after September 21, 1983 will be considered by the Division of Community Development, Lester E. Prall 10 Carbon Circle Price, Carbon, Utah 84501 Published in the Sun Advocate August 17, 1983. ORDINANCE NO. 1354-8- 3 AN ORDINANCE RELATING TO DRIVING WHILE INTOXICATED OR UNDER THE INFLUENCE OF DRUGS, ESTABLISHING STANDARDS TOXICATION INFOR DETERMINING OR IMPAIRMENT; ESTABLISHING PROCEDURES TO TAKE L LICENSES AND SETTING MINIMUM CONTENT. Be it ordained by the City Council of Price City, Utah: Section 1. 1.1 It is unlawful and punishable as provided in this section for any person with a blood alcohol content of .08 or greater, by weight, or who is under the influence of alcohol, or any drug or the combined influence of alcohol and any drug to a degree which renders the person incapable of safely driving a vehicle, to drive or be in actual physical control of a vehicle within this municipality. The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug does not constitute a defense against any charge of violating this section. 1.2 Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred cubic centimeters of blood. 1.3 Every person who is convicted the first time of a violation of subsection (1) of this section shall be punished by imprisonment for not less than 60 days nor more than six months, or by a fine of $299, or by both such fine and im- that if the person has Erisonment; except injury upon another as a proximate result of having operated the vehicle in a negligent manner, he shall be punished by imprisonment in the county jail for not more than one year, and, in the discretion of the court, by fine of not more than $1,000. For the purpose of this section, the standard of negligence is that of simple negligence, the failure to exercise that degree of care which ordinarily reasonable and prudent persons exercise under like or similar circumstances. 1.4 In addition to the penalties provided for in subsection 1.3, the court shall, upon a first conviction, impose a mandatory jail sentence of not less than 48 consecutive hours nor more than 10 days with emphasis on serving in the drunk tank of the jail, or require the person to work in a community-servic- e work program for not less than two nor more than 10 days and, in addition to the jail sentence or the work in the commuwork program, order the person nity-service to participate in an assessment and educational series at a licensed alcohol rehabilitation facility. 1.5 Upon a second conviction within five years after a first conviction under this section, the court shall, in addition to the penalties provided for in subsection 1.3, impose a mandatory jail sentence of not less than 48 consecutive hours nor more than 10 days with emphasis on serving in the drunk tank of the jail, or require the person to BLOOD-ALCOHO- work program for work in a community-servic- e not less than 10 nor more than 30 days and, in addition to the jail sentence or the work in the work program, order the community-servic- e assessment ana person to participate in an educational series at a licensed alcohol rehabilitation facility and the court may, in its treatment discretion, order the person to obtain at an alcohol rehabilitation facility. Upon aa after subsequent conviction within five years court second conviction under this section, the for in shall, in addition to the penalties provided sentence iail a subsection 1.3, impose mandatory of not less than 30 nor more than 90 days with of the jail, emphasis on serving in the drunk tank community-servic- e a in to work the or require person work project for not less than 30 nor more than 90 days and, in addition to the jail work sentence or work in the community-servic- e at program, order the person to obtain treatment of an alcohol rehabilitation facility. No portion 1.3 shall any sentence imposed under subsection shall not be suspended and the convicted person be eligible for parole or probation until such time as any sentence imposed under this section has been served. Probation or parole resulting from a conviction for a violation of this section shall not be terminated and the department of public safety shall not reinstate any license suspended or revoked as a result of such conviction, if it is a second or subsequent such conviction within five has years, until and unless the convicted person furnished evidence satisfactory to the department that all fines and fees, including fees for restitution, and rehabilitation costs, assessed against the person, have been paid. 1.6 The provisions in subsections 1.4 and 1.5 that require a sentencing court to order a convicted person to participate in an assessment and educational series at a licensed alcohol rehabilitation facility, obtain, in the discretion of the court, treatment at an alcohol rehabilitation facility, or obtain, mandatorily, treatment at an alcohol rehabilitation facility, or do any combination of those things, apply to a conviction for a violation of section 5 that qualifies as a prior offense under subsection 1.7, so as to require the court to render the same order regarding education or treatment at an alcohol rehabilitation facility, or both, in connection with a first, second, or subsequent conviction under section 5 that qualifies as a prior offense under subsection 1.7, as he would render in connection with applying respectively, the first, second or subsequent conviction requirements of subsections 1.4 and 1.5. For purposes of determining whether a conviction under section 5 which qualified as a prior conviction under subsection 1.7, is a first, second, or subsequent conviction under this subsection, a previous conviction under either section 1 or 5 is deemed a prior conviction. Any alcohol rehabilitation program or other education and any community-base- d program provided for in this section must be approved by the department of social services. 1.7.1 When the prosecution agrees to a plea of guilty or no contest to a charge of a violation of section 5 in satisfaction of, or as a substitute for, an original charge of a violation of this section, the prosecution shall state for the record a factual basis for the plea, including whether or not there had been consumption of alcohol or drugs, or a combination of both, by the defendant in connection with the offense. The statement shall be an offer of proof of the facts which show whether or not there was consumption of alcohol or drugs, or a combination of both, by the defendant, in connection with the offense. 1.7.2 The court shall advise the defendant before accepting the plea offered under this subsection of the consequences of a violation of section 5 as follows: If the court accepts the defendants plea of guilty or no contest to a charge of violating section 5, and the prosecutor states for the record that there was consumption of alcohol or drugs, or a combination of both, by the defendant in connection with the offense, the resulting conviction shall be a prior offense for the purposes of subsection 1.5 of this. 1.7.3 The court shall notify the department of public safety of each conviction of section 5 which shall be a prior offense for the purposes of subsection 1.5. 1.8 A peace officer may, without a warrant, arrest a person for a violation of this section when the violation is coupled with an accident or collision in which the person is involved and when the violation has, in fact, been committed, although not in his presence, if the officer has reasonable cause to believe that the violation was committed by the person. 1.9 The department of public safety shall suspend for a period of 90 days the operators license of any person convicted for the first time under subsection 1.1 of this section, and shall revoke for one year the license of any person otherwise convicted under this section, except that the department may subtract from any suspension period the number of days for which a license was previously suspended under section Utah Code Annotated 1953, if the previous suspension was based on the same occurrence which the record of conviction is based upon. (See UCA) Section 2. The provisions of sections and Utah Code Annotated 1953, hereby are adopted by reference. Section 3. 3.1 Any person operating a motor vehicle in this municipality shall be deemed to have given his consent to a chemical test or tests of his breath, blood, or urine for the purpose of determining whether he was driving or in actual physical control of a motor vehicle while having a blood alcohol content statutorily prohibited, or while under the influence of alcohol, any drug, or combination of alcohol and any drug as detailed in section 1 so long as the test is or tests are administered at the direction of a peace officer having grounds to believe that person to have been driving or in actual physical control of a motor vehicle while having a blood alcohol, content statiltorily prohibited, or while under the influence of alcohol, any drug, or combination of alcohol and any drug as detailed in section 1. A peace officer shall determine which of the aforesaid tests shall be administered. No person who has been requested under this section to submit to a chemical test or tests of his breath, blood, or urine, shall have the right to select the test or tests to be administered. The failure or inability of a peace officer to arrange for any specific test is not a defense with regard to taking a test requested by a peace officer and shall not be a defense in any criminal, civil or administrative proceeding resulting from a persons refusal to submit to the requested test or tests. 3.2 If the person has been placed under arrest and has thereafter been requested by a peace officer to submit to any one or more of the chemical tests provided for in subsection 3.1 of this section and refuses to submit to the chemical test or tests, the perequesting the test or tests that a refusal to submit to the test or tests can result in revocation of his license to operate a motor vehicle. Following the warning, unless the person immediately requests the chemical test or tests as offered by a peace officer be administered, no test shall be given and a peace officer shall submit to the department a sworn report, of public safety within five days after the date of the arrest, that he had grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle while having a blood alcohol content statutorily prohibited or while under the influence of alcohol or any drug or combination of alcohol and any drug as detailed in section 1 and that the person had refused to submit to a chemical test or tests as set forth in subsection 3.1. (Continued on Page 9A) 4, |